you suc, remy great, terry, always a pleasure. i'm greg gutfeld and i'm going down here. when those votes came in on the 24th of august, when they were counted there was nobody more disappointed than i was. i looked into my heart and i said where is my heart? and my heart is alaska. and i cannot leave you. i cannot stop what we have started and so today, my friends, my campaign for alaska's future begins. [ applause ] >> this is a perfect example of

what the late senator stevens warned against and another scam of the politician who has gone back on her word. she said the friday before the primary election that she would support the will of the electorate as demonstrated in the primary and, of course, she is not a person of character. >> hello and welcome to geraldo rivera. i'm kimberly guilfoyle in for geraldo. up front tonight, another victory for the tea party this time in alaska where challenger joe miller defeated inu incumbt lisa murkowski co in the gop primary. with the latest details on this developing story here is casey stegall. >> murkowski taking a page from strom thurman's book. the only person in u.s. history to get elected to the u.s. senate as a write-in candidate and that was back in 1954. but murkowski is an incumbent

seeking a second full term as senator. appointed to the seat in 2002 to succeed her father who went on to become the governor of alaska injuries she was reelected in 2004 but lost last month's primary to alaska attorney and fellow republican joe miller. it was a narrow defeat. which is one of the reasons for her decision to keep on plugging along in the race, this time only as a write-in. voters will have to physically write her name on a piece of paper come november in order for her to keep her seat. she says she has been hearing a lot from alaskans lately. >> lisa, please, please give us that choice because they told me we cannot accept the extremist views of joe miller and we cannot -- [ applause ] >> we can't.

>> even the republican national committee doesn't agree with the decision and wants murkowski to accept her loss. rnc chairman michael steele saying "alaskans selected joe miller as the republican nominee for u.s. senate and he has the full support of the republican national committee. i'm confy den den dent that hen in november "meantime, many have asserted that miller's success in this race comes from the tea party movement and the tea party express we know for sure according to public records already contributed $600,000 to his campaign. by the way, former alaska governor sarah palin has also weighed in, calling murkowski's decision "a futile effort." kimberly? >> casey stegall, thank you. and joining me now is the man who defeated senator murkowskiion, alaska's gop senate nominee, joe miller.

thanks for being with me this evening, mr. miller. before i get your reaction and i know you have one. i want to let everyone know that we did reach out to ms. murkowski and she declined an interview request. what do you think of senator murkowski's announcement? >> well, i think it is disappointing that she doesn't want to trust the will of the alaskan voter. what we see here is an attempt by a liberal politician that just can't release power. >> people are saying she is a spoiler, she is a sore loser, that it is not appropriate that she is doing this, that she lost the race and she is in fact rejecting the will of the voters. >> well, i would agree with that. i mean we had the largest republican turnout in the history of the state of alaska and they did state decisively that joe miller is the u.s. candidate nominee. we are talking not a vote difference of 1600 but 2,000. certainly it was close but the reality of it is that it was a

decisive statement and we also expected to see the senator, of course, honor her word that she would, in fact, stay out of the general election but now we are in a race between two liberals. joe miller between two liberals. the message doesn't change and it is a message of common sense. >> you have to be concerned because it doesn't help your campaign she is going in with the write-in campaign. she has money in the bank, she is willing to spend it and she wants her seat. >> well, she absolutely does. frankly, bahar thi what this is two different positions. the senator wants the same policies in d.c. to continue. the ones that brought to us this crisis that we are in as a nation. we have been looking to washington for answers. that is not the answer. the answer is to restrain the federal government. for alaska, it is the resource base that is worth trillions of

dollars that we as alaskans want to develop so we are no longer dependent on the federal government. she can't release the old system and we are moving forward with the system that i think alaskans will embrace in november. >> talk about the tea party and your endorse innocent by sarah palin. do you think that put your over the edge to help defeat murkowski? >> there were a number of different factors to episure that we would win. at the base was the volunteer network. alaskans are all stripes. people that don't have any money in the game other than future of this country decided they wanted to work together with a candidate that wasn't bought by the lobbyists and wasn't addicted to power and only had one thing in mind, ensuring that this great nation to continue to lead the nation and the state of alaska could continue to contribute rather than be dependent. and those people were committed at such a rate we upset in the the state the whole political expectation of what would

happen. same thing is going to happen in the general election i'm convinced of it. >> are you going to go to sarah palin with advice and campaign efforts and get out the vote efforts and public appearances so you can take the election? >> this is an election that the campaign structure got underfood in the primary. going to be the same thing that we do in the general. hard-working alaskans will look toward other alaskans and say this is the message for the future not just for the nation but or your state. the opportunity for the state of alaska to lead the nation. it doesn't have anything to do with other personalities or other people or leaders. it has to do with the nation and where we are at as a nation and that is getting rid of the fiscal insanity, getting rid of this government that is so all powerful it is causing every day americans and alaskans to think what in the world has happened to our nation. that is what it is about, nothing else. >> thank you for being with us

this evening. we will continue to watch closely the campaign and see how you prevail in the general election. joining me is democratic strategist julian epstein and former assistant to president george w. bush brad blakely. julian, i will begin with you. does senator murkowski have any chance as a write-in candidate? >> i think the dynamic in alaska is going to occur with republicans all over the case which is the tea party is probably the best sal expectations for the democrats because it is going to split the republican party. i think the same dynamic is going to play out in delaware. in depep ethe tea party is theg that could happen to democrats. they are a bunch of sarah palin minutemy knees. mini mes.

a philosophy in coherent and not particularly appealing to independents. if there is one bright silver lining in what is going on right now it is the rise of the tea party because it will split the republican party and drive away independents. >> that is one way to look at it. julian stand by for the e-mails that are going to cripple your server. >> great for me. >> i get them all the time. i get them all the time. >> one from me, too. >> brad is going to see you one, too. >> i'm going see you one, too. he says that the tea party is income be tent. >> and in coheir rent. >> because it is so foreign to you guys the democrats that we are all about fiscal responsibility. you guys spend your way out of everything. there isn't one program that is being cut under obama the guy who as a candidate told us he was going to take the scalpel to the budget. he took a rubber stamp. we can't get ourselves or our grandchildren out of this debt. that is what you don't understand and that is why you

are going to lose. >> the tea party is campaigning on two things right now. take a close look. the difference between where the tea party is and president obama is that the tea party wants to extend tax cuts for millionaires. >> no, tax cuts for everyone, julian. everyone. everyone, including millionaires, yes, who do you think provides jobs? >> no, the difference between obama right now which is tax cuts for 98% of americans and the tea party movement is that the tea party movement wants to give tax cuts to "million which will create a deficit. >> it is $250,000 and above. >> the difference is they want to give the tax cuts to the richest 2% and obama wants to give it to 98% of the rest of the public. >> the robin hood theory of checks that doesn't work. >> you talked about the tea party wanting to cut the size of government and cut the deficit. i debated the tea party folks many times and debated you.

never once have the tea party said what they are are going to do to cut the deficit. empty rhetoric. >> i will tell you. it is very simple -- >> they are going to drive independents away from the republican vote. >> it is very simple. we are going to create the atmosphere with by which we have more revenue streaming in rather than revenue going out through spending. >> you said you were going to cut government. >> play it out for a second, kimberly. >> we can't, we don't have time. >> how are you going to cut government. in they put th bromides out there -- [ overlapping speakers ] >> stand by. sheas two are getting after it. up next, who won the straw poll for the 2012 gop presidential nod? those results are coming up. those results are coming up. ayay with orbitz, i know what to expect from my vacation. bless you. cannonball. [ sneezes ] because orbitz has hotel assurance.

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number two, runner-up is

governor mike huckabee. [ applause ] number five in the list of those candidates for president sarah palin. [ applause ] number four, newt gingrich. [ applause ] number three, mitt romney. [ applause ] and coming in as the topic in the 2010 presidential candidate straw poll at the values voters summit is congressman mike pentz. >> a bit of a shocker. indiana congressman mike pentz won today's 2010 presidential straw poll at the value voters

summit in d.c. with more from the conference, caroline shively. >> the social conservatives here say, washington, is ripe for a revolution. matt stabber asked the crowd have you ready for an awakening in your generation? virginia governor bob mcdonald said a conservative renaissance is sweeping the nation. >> we have to get people who believe in the conservative profamily limited government federalism ideas out in november. >> newt gingrich told the crowd that they could take the house and senate back from what he called the political elite. >> we are at a great crossroads in american history and that is part of why the insurgency is helpful and the movement of the tea party movement is helpful and the toughness andin and eao come to washington is so helpful. >> gingrich pointed to elections where established candidates were knocked out by

conservatives. islam has been a big topic for speakers here. bill bennett host of morning in america spoke about terrorist acts made in the name of islam and some islamic leaders who have not repudiated the fact. >> we are angry at what this religion has done to itself and to us. this is a righteous anger. we are angry at what leaders of this religion failed to say. >> activists head back to their districts on sunday where they will attempt to turn the energy into votes. kimberly joining me is steven moore and. i have been dying to talk to you tonight. what do you tell the attendees today because you spoke this afternoon and were you surprised by the straw poll results. >> mike pence is an emerging star. i was surprised but happy bus i think he is one of the great communicators who could hold a candle to barack obama who is a great communicator himself.

let put it like this, the presidency of mike pence, his campaign began today. what i found at this values summit, kimberly, that i thought was really interesting, you know, i am more of a economic conservative obviously. i talked about issues like balancing the budget and preserving the bush tax cuts to getting rid of the death tax and these were issues that really i thought connected with these folks. i was surprised at how many of them view things like balancing the budget as a values issue. they think that every family has to balance its checkbook, why not washington? kimberly that makes a lot of kimberly that makes a lot of sense. they say you have a moral responsibility to make sure that we balance the budget and you are not spending wildly and putting american familieies in danger and it is just grossly irresponsible.

people are outraged by it. i'm not surprised that you found that today at the summit. >> you nailed it. i think a lot of people think look, if there are no jobs out there, if incomes are falling and the poverty rate is rising like we saw by the report that came out on friday it is hard to keep families intact. we know that the most important thing for our economy is to keep families intact, to have, you know, workers with good jobs with high pay and the other issue, though, i have to stress this it, was the kind of sense that these folks have that the debt has become immoral, that a great nation does not pass its debts on to its children and grandchildren and grandchildren's children and it is interesting to me, kimberly, that a lot of these folks view this debt issue not as an economic issue but a moral issue. >> i hear that. they are upset about national debt, overspending, welfare, the death tax, they believe that is antifamily. i wish we had more time. thank you so much for that

interesting report. when we come back, i scream, you scream you scream for what?

>> kimberly: okay. so forget about smoking pot, how about eating it in a sundae like bass ki baskin robins 31 s or something? a pot dispensary is selling with different flavors. is it only a matter of time before everyone a walking down the street eating a marijuana ice cream cone? we will ask julian epistein and

brad. >> i never thought we would be talking about. maybe it will mellow you out. we need t chill. >> i thought julian was smoking it in the last segment. >> like cheech & chong right now. if it becomes legal are you going go out and get a pot the ice cream cone? >> i am not. i don't think the law will go into effect if the voters in california pass proposition 19 because the federal government will start in and under the supremacy clause the federal government will step in and say federal law trumps any state land says this is a controlled substance and therefore it cannot be legalized on a statewide basis and the feds will come in and shut it down. >> kimberly: no pot for you. like the pot nazi. okay. what about you, do you think it that is a great idea? california is desperate for

cash. major financial problems there. the governor isn't opposed to this type of thing. it wouldn't surprise me if this passed in november so this isn't that far fetched. >> i have a lot of family in california and i hate to agree with brad because i think it makes a less interesting program but do i agree with him in a barbecuing bash legal matter. there are issues with politics and science. i say let's follow the scientists here. i think the people for legalization of marijuana have really not made the case on a science yet. there is a lot of scientific data out there that shows that in guesting marijuana can have cognitive impact on memory, on attention, on motor skills, on motivation. i know the other side argues that isn't true but there is a fair amount of scientific data that shows there is. i'm for the scientists making these types of decisions. i think we ought to follow the science and the folks that want

legalization are no where close to meeting the public health burden for that argument. >> kimberly: this may have to be one of the only times i totally agree with you. >> i agree, too. >> kimberly: i couldn't have said it better myself. i'm a former prosecutor from the san francisco office and l.a. >> the last thing this nation needs is a nation full of pot heads. >> up in smoke, exactly. >> kimberly: this really could happen but then it will probably go up to the supreme court like they don't have better things to do, than talk about this. >> exactly. >> an interesting discussion. me i'm sticking to my vanilla ice cream which i love and it is fine with me. >> i thought you would get sorbet. >> kimberly: coming up, three years after a deadly home invasion the sole survivor takes the stand. his gripping story is after this, stay with us. @ó÷÷,

go to fox news.com. hello. hey, lindsay. have you been drinking? >> no. >> really, then why is your ankle bracelet did going off? >> that means that my table is ready at the cheesecake factory. wake up. pull it together. you have been getting with the drunks, take it from me. >> okay, okay. you turned your life around maybe i can, too. >> go get them. >> kimberly: a crime time in prime time alert. maybe lindsay lohan should have taken her own advice. failed her latest drug test and may be headed back behind bars. on twitter she laid it out.

regrettably i did fail my most recent drug test and film' asked i will appear before judge fox next week as a result. i'm taking responsibility for my actions and i'm prepared to face the consequences. what is next for ms. lohan? we will ask the crime time all-star panel tonight. we have them here in new york, usually he is in d.c. all nea here tonight. any chance, by the way everyone said it was wrong she doesn't have a drug problem and it was a big mistake and now this. >> that clip is ironic. i could tell you where we practice in new york city in the five burroughs any judge is putting her in jail or mandatory inpatient drug treatment. be and that means at least 12 months if not 18 months. you are in and it is worse than jail sometimes because there is

a lot less security and you are not protected as well as you are in jail sitting behind bars. here, sitting in a dorm room with other people who committed all kinds of horrendous crimes but they involve drugs so they involve drug treatment as well as -- >> it is horrible, she has an addiction. a 30 day jail alternative that was imposed. the judge said i'm going allow you to go out and impose the strict conditions and if you don't abide by them you are going to jail for 30 days. since 30 days has been two days for her she doesn't care. >> the judge should treat her as if she is anybody else and slap her back to jail and let her sit in jail for a period of time until she with figure out what she wants to do with her life. basically she needs to grow up. >> kimberly: she has a major problem. judge, do her a favor and put her away. >> she gets two days, kimberly. >> kimberly: l.a. is

overcrowded. my old stomping grounds there at the county jail is a nightmare. it has been three years issues the gruesome break-in shocked the nation. the single survivor took the trial in one of the men accused. >> it is the random nature of the crime and the monsterrous brutality of the triple homicide that occurred here in chesire, connecticut. why is neighborhooded? why this family? >> pat brosnan is a private investigator and former nypd detective. why this family? >> this family just had the extreme misfortune of being on that fateful sunday night in the crosshairs of this predator. >> elgrant and attractive, jennifer hawk pettitte and daughter mckay l makayla were d

in the shopping center. >> pretty girls. a pretty mom. a high end car, let's take 'em. >> these guys were the ultimate boogieman. the people you don't expect to run into in a neighborhood like this one. >> the 29-year-old alleged mastermind recruited 47-year-old steven hayes with 26 prior convictions for burglary and weapons. family members wonder how the career felons walked the streets. jennifer's sister cindy renn? >> i honestly cannot imagine any human being doing this. and that is all i think. >> graphic images displayed in the trial almost too much to bear as jurors hear how the beasts entered the unlocked door and assaulted his

beautiful daughters while they were tied to their bed posts. >> everyone was upset. they are watching these pictures on tv that they are showing and the ones in the newspaper and they are all in tears. >> they watched jennifer's desperate attempt to fulfill a ransom demand, at the same time sounding the alarm to concerned bankers, raising questions to the police response. >> but we have a lady who is in our bank right now, who says that her husband and children are being held at their house, that if the police are told they will kill their children and the husband. >> why didn't the police respond sooner? >> i don't think in question was the expediency of the response but what precisely they did and didn't do when they were at the location. >> having received the $15,000 ransom, cops say the murderous duo raped and then strangled jennifer and set her daughters

17-year-old hayley's mikala's beds on fire while they were still alive. >> i think the fear was that if shelters broke in than definitely somebody would get hurt. >> it will be another six weeks of trial before the sentencing of steven hayes. but many in this neighborhood have already decided his fate. >> 61% of the people in connecticut are in favor of the death penalty. i would say in this neighborhood, 99%. >> apparently the gruesome images of the girls and their mother jennifer hawk petit were too many even for the creatures accused of the murder. the trial was halted when defense attorneys claimed their client was under duress. prosecutors agreed with the judge's decision, fearing the jury might have sympathy for

him, something he did not have for his victims. >> kimberly: we have been following the case for the past three years it has been going on. if there is ever a case appropriate for the death penalty, it is this one. >> there is. we were talking about this and we don't even read the clips of this stuff any more because it is to tragic and difficult to stomach and we did criminal defense. what happened here is they offered to plead guilty and connecticut said no, we are taking you trial and you are going be put to death and that going to happen. >> they were going to agree to life without parole. >> life without parole. >> this is what bothers me. in the catholic religion you pray for an easy death and ask god to let you fade-away quietly and peacefully which is what happens when you get the death penalty. if they are guilty of what they, why do they deserve to have -- put them in the bed and light their bed on fire and let them live with their burns and scars if that is the kind of animals and villains they are.

why should they get off easy to lay down on a gurney and someone puts a need until their arm and they fade off into the sun jet, let them sit in a hole where they don't get food or light. they will sit on the gurney. >> kimberly: by the time the death penalty is carried out it will take years and years and they will be held in solitary confinement and on death row and then eventually hopefully justice will come for the family. believe me, i mean death like that is too good for these animals it is true. and connecticut, good for them, the prosecutors for not agreeing to give them life without possibility of parole and it is hard to take a case like this to a jury. it is so upsetting for everyone and for the victims and the father had to be so courageous to be able to relive this. >> but, you know, kim, the thing is these two guys should never have been out of jail in the first place. >> kimberly: exactly. >> they were career criminals. why are they walking on the streets?

but the fact of the matter is they were and they had a good attorney who represented them and they were out on the streets and able to do what they were able to do to that family. >> kimberly: you bring up an excellent point. there is a revolving door even career criminals recidivists are rewarded and let out again to commit the same offenses and look what happened in this case. this crime was totally preventible. >> it was. >> the whole family should be alive. >> i know it affects you in particular you as a former prosecutor and things that you did and the justice that you impose. >> and the career criminal unit, i didn't let anybody back out. >> an absolute travesty and how much credit do you have to give the father for having to live through this again and sit there and look at the testimony and look at the charred remains and look at all of this. so unfortunate and tragic. what can you say about it? >> kimberly: i guess on a constructive note, rod, what can people do to try and protect themselves. this is connecticut, a nice air la of families, the dad is a

doctor. >> you have to develop a mindset that you will be a victor and not a victim. that means that you have to develop a plan, talk to your family members about what would you do if somebody were to invade your home. talk about these things in advance of that event happening. learn how to use a weapon and train each family member appropriately how to use that weapon in case you need to use it. one other real good point that you want to think about is that once you learn how to use a handgun place one underneath your bed in your bedroom as long as you don't have small kids in your home. we find in cases like this the culprit will put the person on the floor and you can get ahold of your weapon and use it in case you need it. >> stand by. coming up, an update in the case of a woman who says she was fired for being too sexy. she is right here in the studio. take a look. stay with us. ñ÷

david lettermany veteran's move over. citibank has its own top ten list and takes it from the scene out of the hit show madmen titled what women do to substage their careers. citibank claims that women groom in public, sit demurely and ask permission to too often

and offer a limp handshake. it was posted online. the banking giant gave this response. it is not part of a formal human resources communications or any other communications or training program including citi's global programs on women's leadership. joining me gloria allred and her client. thank you both for being here this will evening. gloria, i will begin with you. how do you think this will affect your lawsuit against citibank? >> if there is true and they haven't said that they didn't have any one from hr distribute it, they just said it is not part of a formal communication i would argue it is evidence of sex discrimination. all women are not alike. secondly, it encourages negative stereo types and generalizations about women and criticizes women for playing fair and says that men stretch the rules and are not punished.

is citibank stretching the rules where it comes to discrimination? it is just wrong to disseminate this at all and particularly if it was disseminated in the workplace by one from hr. >> kimberly: i'm sure when this came out they said oh, boy, wait 'til gloria gets a load of this memo. really, could anything worse happen to them? and if this is true and it appears that it is, like you said, they didn't deny that it exists, et cetera, i think this is admissible as evidence. i think that it is probative with respect to your case against them, it is compelling evidence. >> and we are arguing kimberly in our case that debra lee was the victim of unlawful sex discrimination, that remarks were made about her appearance that were not made about men's appearance. for example that she was subject to remarks that she was wearing a pencil thin skirts

and suits where in fact she was dressed professionally all the time when she was working at citibank. that men were not victimized by such discrim that torrey statements and that she has retal -- she was retaliated against when she protested sex discrimination. we will try to use it as evidence of sex discrimination. >> kimberly: you have been here with us. a nice woman. mom like myself. a single mom like me. and a puerto rican woman like -- we are going to do the parade next year together, right? how does this validate your case. you were trying to say how you were treated there. >> basically my point of how they are gender discriminating all the womans and how they empower the men at citibank and citibank the men you see when they are saying woman's handshake is not strong enough. are what are we doing?

the opposite, we don't we do the thinks that men do to sabotage. >> i agree. that is a lot. >> 30, 40. >> the. >> kimberly: the list would be endless, right. it is difficult enough to be a woman in that kind of environment in a banking position and career, okay, where it is tough to get ahead to begin with where you are being scrutinized like that and discriminated against. it is not easy. it is definitely an industry that favors men in it. they have been in it longer so, you know, it tough for women to make inroads. like the legal profession before people like gloria and myself came along and her caught. now, i believe there are more female lawyers than men lawyers. we are evolving in society. we are not all a bunch of neanderthals. we shake hands the proper way. if somebody was doing something wrong you can't say they are sexist because the person they

are reprimanding happens to be a woman as opposed to being a man. you would hope if a man showed up for new york short work in d t-shirts he would be reprimand. >> kimberly: we have a hard break. coming up next, beth holloway

that took every ounce of energy that i have. >> she was in castro castro and saw joran and didn't give me the substance of what she was going to talk about or how she was going to accomplish this. that is all i know and she just wanted me to know that she was down there and could i have her

back if something happened. >> kimberly: beth holloway snuck into castro castro prison and spoke to joran van der sloot. she spoke to him for five minutes before they realized she didn't have permission to be this and they escorted her out. rod, i'm going to start with you. i got to tell you, i think it is good for her trying to sneak in there and face to face with this guy. >> beth is looking for closure. that is all this woman wants. she wants closure in the case and wants to find out what happened to her daughter. she doesn't know and she figured if she could get into the protesters i son and confront this monster -- into this prison and confront this monster maybe he would tell her something. unfortunately, he hasn't told her anything. >> he should be burned alive in a bed, too, arthur. >> can i play the role of devil's advocate since that seems to be my role tonight?

>> kimberly: for five seconds. >> the only reason i have and i agrow with rod and if she went to spit in face and say now you're going to rot in prison. i think she got a little addicted to the publicity that she learned about in the course of this tragic. >> come on. >> there were all these cameras! >> kimberly: i'm not going sit here and let you say this about beth, okay. she doesn't have to show him any kind of respect. she wants to make a documentary to highlight what happened in the case and his behavior and what happened to her daughter. >> if she were alone with her lawyer i would feel more strongly. >> kimberly: if they handled this case properly that poor girl wouldn't be dead down there. >> go, kimberly, indeed. listen, it had to take so much for beth twitty to walk this there and look into the eyes of evil and to confront evil. how sickening must it be not to have any clue as to what happened to your daughter, to

hear conflicting story from this guy. he did it. he didn't do it. he was there. he wasn't there. he saw her. he wasn't the one. total lack of credibility. for her to have the courage to go in there and look him in the eye. although they weren't able to have a conversation and, of course, he said i can't talk to you without my lawyer the fact that she has the gumpion to do it, i give her credit. >> kimberly: and he admitted trying to extort $250,000 of money out of this woman who is suffering and grieving and probably said to her, oh, beth, did you bring your checkbook and if you didn't i'm not going to talk to you. >> and get him on that extortion as well. >> he is gone forever and hopefully she told him that, ha-ha, you got your come upance. >> do you think we will get the final answers? the case? >> i don't think we will. i don't know what happened to her body.

unfortunately, i don't think beth is going to get closure. i think she will go to her grave looking for answers as to what happened to her